- Examine the laws which protect individual freedoms and the implementation of criminal justice policies.
The rule of law has been established in each country so as to enforce law and order among the citizens. Aside from this, the rule of law had been established with the primary intent of ensuring that the freedom of each and every citizen is protected. Established laws also ensure that the government and the authority agencies exercise their powers in a just manner. The first amendment of the United States Constitution protects individuals’ right to freedom of religion and freedom of expression without government interference. The laws protect the peoples’ freedom of expression which is composed of the freedom of speech, belief, press, assembly and to petition the government for a redress of grievances (Rodgers, 2011).
These laws have also been in sync with the implemented criminal justice policies that seek to protect the rights of both the accused and those who have been convicted by the courts. The Fourth Amendment prohibits police officers from undertaking ‘unreasonable searches and seizures’ (Rodgers, 2011). This law ensures that the law enforcement officers only intrude on people’s reasonable expectations of privacy (Rodgers, 2011). The fourth amendment also allows the seizure of a person only by the police officers. An example is when a police officer has received consent from the authority to do a search at a specific person’s house. He therefore has to issue a warrant of search to the owner of the house before the search commences.
- Provide at least three examples of how the U.S. criminal justice system simultaneously advances notions of social justice, while also protecting the rights of the accused.
The U.S. Criminal justice system uses the Fifth Amendment which creates a number of rights that serve both the criminal and civil legal proceedings. This law ensures that no person is held to answer for a capital or an infamous crime unless on a presentment or indictment of a Grand Jury (Rodgers, 2011). The right of to maintain silence while in custody protects the person against self-incrimination. An example is when one invokes his or her right not to answer any questions by using the fifth pledge.
Section one of the Fourteenth Amendment ensures that all persons born or naturalized in the United States are citizens of U.S. and the State wherein they reside (Rodgers, 2011). Therefore, as citizens of U.S., they are subject to the United States jurisdiction. Thus, each and every citizen shall not be deprived of liberty, property or life unlawfully. Each citizen has thus been given the right to guaranteed privileges, Immunity of citizenship and equal protection. For example, a person of Indian origin who was born and bred in U.S. and resides at New York has the same rights as that of a U.S citizen who has been born and bred by his parents who are also U.S citizens.
- Can the criminal justice system be more effective in advancing notions of social justice? How?
The criminal justice system can be more effective in advancing notions of social justice by ensuring that the rights of the accused are adhered to. The criminal justice system can be more effective by making sure that the law enforcement authorities follow the necessary rules and procedures even as they play their roles of curbing crime. This will help in ensuring that an accused is not forcefully taken into custody whilst also ensuring that the accused does not self-incriminate himself by having the right to keep silent. In addition, unless the police officers have been given the right and consent to search the property of the accused, the privacy of the accused should be protected. An effective criminal justice system will thus be able to provide an ample atmosphere and environment for the culprits and the accused to cooperate with the law enforcement authorities thus alleviating the difficulties experienced in seeking justice.
Rodgers, P. (2011). United States constitutional law: An introduction. Jefferson, N.C: McFarland.